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Case Western Reserve University must award a medical degree to a student who met all academic requirements but was deemed "unprofessional" by the univeristy, a federal judge ruled.
(Case Western Reserve University)

CLEVELAND, Ohio - Case Western Reserve University must award a medical degree to a student it had determined did not merit one because he lacked "professionalism," a federal judge ordered this week.

Amir Al-Dabagh, who successfully completed all requirements to become a doctor and had been accepted for a dermatology residency beginning June 17 at Riverside Hospital in Columbus, was told on April 18, weeks before graduation, that CWRU was expelling him because of character matters that came up during his years in college.

The action occurred after the university learned Al-Dabagh had been convicted of a misdemeanor DUI in early April.

CWRU denied his appeal on May 8 and said if he did not withdraw from the school by May 19 he would be dismissed.

Al-Dabagh sought a permanent injunction in U.S. District Court, claiming CWRU breached its contract. He had paid $150,000 for his medical education, satisfied all academic requirements and there was nothing in the student handbook or other documents that supported CWRU's reasoning for dismissing him, his lawyers said.

CWRU said in court documents it was within its rights.

"The School of Medicine places a great deal of emphasis on a student's attitude and behavior, including the student's ability to act as a caregiver, a student's ability to take responsibility for his actions and mistakes, and a student's ability to act cooperatively as a member of the health care team," it wrote in a court document. "The School of Medicine recognizes that to adequately protect the health of a patient, a physician must be much more than a person with knowledge of the basic medical science."

Judge James Gwin granted a temporary restraining order on May 14 forbidding CWRU to expel or dismiss Al-Dabagh. A hearing was held May 27.

Gwin ruled CWRU went beyond its scope of duty.

"While Case should receive great discretion in judging academic standards, the determination of "professionalism" goes well beyond academic or patient related matters," Gwin wrote in granting the permanent injunction on Monday. "Although courts should give almost complete deference to university judgments regarding academic issues, the same deference does not follow university character judgments, especially on character judgments only distantly related to medical education."

"We are obviously pleased with the Court's ruling," Christopher Holecek, Al-Dabagh's attorney, wrote in an e-mail. "Dr. Al-Dabagh was an exceptional medical student at CWRU. He will be a credit to the medical community."

"We are disappointed in the decision and are considering our options," a university spokeswoman said in an e-mail.

Al-Dabagh, of Flushing Michigan, enrolled at CWRU in 2009 after graduating from the University of Michigan-Flint with a 4.0 grade point average and a triple major, according to court documents.

He completed four years of medical school and an optional fifth year of research at Wake Forest University in North Carolina.

The last step before any student receives a medical degree at CWRU is gaining approval from its Committee on Students, nine senior faculty members who review "the total performance" of all students.

During his five years of medical training, that committee had disciplined Al-Dabagh for trying to cover three late attendances; for rude behavior in 2012 at a dance where he had likely been drunk; for trying to skirt a cab fare by jumping out of the moving car; for complaints from a patient's family; and for giving patient case summaries where he might not have personally examined the patient, the judge wrote.

But none of those deterred CWRU from recommending Al-Dabagh for a residency and sending him a letter in early April saying he would graduate with distinction for his research skills, Gwin wrote.

"Ultimately, CWRU denied Al-Dabagh a diploma because it believed he should have reported an out-of-state arrest and prosecution for driving while impaired that had not yet concluded and despite provisions in the handbook that did not require an arrest be reported," the judge wrote.

AL-Dabagh hit a utility pole on February 3, 2013 in North Carolina while working at Wake Forest. He claimed he swerved to avoid hitting a deer but was charged with driving while impaired and careless and reckless operation.

The case did not conclude until April 7, 2014 when he was convicted of two misdemeanors. He was not there.

On April 9, when he learned of the outcome he notified Riverside Hospital. An official there contacted CWRU before Al-Dabagh could notify faculty.

CWRU and Al-Dabagh agree he does not have an alcohol problem, the judge wrote.

CWRU's committee met and sent a letter on April 18 saying he was dismissed from the medical school "for continued and serious breaches in the code of conduct and standards of professionalism."

Gwin ruled that Al-Dabagh would suffer irreparable harm if he did not receive his medical degree.

He found the incidents insufficient to justify expelling him.

"Given the way Case treated the previous incidents together with the nature of those incidents, the University acted arbitrarily and capriciously in finding Al-Dabagh did not satisfy the core competency of "professionalism,'" Gwin wrote. "Because the 'professionalism' issue is the only issue Case uses to justify its withholding the degree, the Court finds that Al-Dabagh has satisfied all of the University requirements to graduate and receive his diploma."

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